Summary of Selected Opinion 97-128

In 1983, the Board of Governors of the Federal Reserve System determined that Mass. Gen. Laws chapter 167B was not pre-empted by the federal Electronic Funds Transfer Act or Regulation E. Accordingly, the terms and conditions of electronic funds transfers involving a consumer's account shall be disclosed in writing under Mass. Gen. Laws chapter 167B § 8. Such disclosures must include the customer's liability for unauthorized electronic funds transfers and notice of the advisability of prompt reporting of any loss, theft, or unauthorized use of an access device. In total, sixteen items must be addressed in a bank's consumer disclosure material. The applicable error resolution procedure for a financial institution to follow when oral or written notice of an account error is received from a consumer is set forth by Mass. Gen. Laws chapter 167B § 17. These procedures apply if the bank receives oral or written notice from a consumer with 60 days after providing a periodic statement or other required notification of an electronic funds transfer. The condition under which a consumer may be liable for unauthorized transfers are set forth under Mass. Gen. Laws chapter 167B § 18. A consumer may be liable for a maximum of $50.00 provided specific conditions of liability are met and the unauthorized transfer occurs before the consumer has notified the issuer that such a transfer has occurred or may occur.

The consumer liability provisions differ between state and federal law. Banks are subject to compliance with state law provisions and should tailor their consumer disclosures to reflect these provisions. Accordingly, banks cannot use the liability chart which depicts the liability levels imposed under the federal Regulation E.

Tool Name: Baynote, Inc. Recommendations

The information below summarizes privacy policy terms related to content recommendations on Mass.Gov and is excerpted from the full Mass.gov privacy policy.

Purpose: Displays relevant content recommendation based on the site usage pattern of all users of Mass.Gov. If Personalization is enabled (the default setting), your personal site usage pattern today and on prior visits to Mass.gov will be displayed to you and will also be a factor in determining personalized relevant recommendations for you.

Data Collected: A random anonymous unique identifier is assigned and tracked for each user of the website. This identifier is sent to our vendor, Baynote, when you view a page, open a document or click a link on Mass.Gov. Our vendor then analyzes the specific content that was viewed and provides content recommendations to similar content that you may find useful. A full description of what data Baynote collects and how it uses this data is available at http://www.baynote.com/baynote-services-privacy-policy/. Please note that the tool uses persistent cookies. These cookies will be Mass.gov domain cookies and not Baynote domain cookies. The cookies will store information related to a user’s Mass.gov Web site usage, including the URL and title of sites recently visited and the random anonymous unique identifier assigned to the user. In general, and as described in more detail in Baynote’s service privacy policy linked to above, Baynote only uses the personalized information it gathers to provide recommendation services and display past usage for Mass.Gov users and will not share this information with any third parties, including advertisers. The information collected will not affect content you may see on sites unaffiliated with Mass.Gov.

Express Opt Out: If personalization of recommendations based on the content you view is not desired, or you do not wish to display a list of recently viewed Mass.gov pages, you may turn personalization off. You can do this by using either the switch located below in this privacy policy or an identical switch located directly above the content recommendations and recently viewed content boxes displayed on the Mass.gov site. Once you turn off personalization, your content recommendations will be based on the overall traffic patterns of all users of Mass.Gov and they will not specifically take into account your own personal usage patterns. If you turn off personalization, information collected by this Tool that is associated with your content usage will be deleted from your cookies, and no further information about your content usage will be sent to our vendor.

Disabling personalization will affect both content recommendations and recently viewed page links. If you turn off personalization, this “off” setting will persist as you browse Mass.Gov and during any future sessions. The opt-out setting is stored in a persistent cookie on your computer. The setting will remain in effect so long as you use the same computer with the same Internet browser. If you delete the cookie that contains the opt-out setting or use a different browser or computer, personalization will be enabled and you will need to disable it again on your next visit, if desired.

For our full privacy policy, please close this window and see the Site Policies or Privacy Policy link in the footer of the page.